Lasting Powers of Attorney

Expert Power of Attorney Services

What is a Power of Attorney?

A Power of Attorney is a legally binding document that allows you to appoint a trusted individual to make financial or welfare-related decisions on your behalf if you become unable to do so.

There are two main types:

1. Lasting Power of Attorney (LPA) for Property and Financial Affairs – This allows your chosen representative to manage your bank accounts, investments, bills, and property transactions.
2. Lasting Power of Attorney (LPA) for Health and Welfare – This enables your appointed person to make decisions about medical care, treatment, and living arrangements, including giving or refusing consent for life-sustaining treatment.

Many people assume that Power of Attorney is only necessary for the elderly, but unexpected illnesses or accidents can affect anyone. Putting an LPA in place ensures your affairs are handled by someone you trust if you ever lose mental capacity.

Why Do You Need a Power of Attorney?

Without an LPA, families can face significant legal and financial difficulties when a loved one loses capacity. Common issues include:

• Being unable to access bank accounts to manage bills or pay for care home fees
• Delays and high costs involved in applying to the Court of Protection for a deputyship order
• Decisions about medical treatment being made without your prior input

By setting up an LPA in advance, you can avoid these challenges and ensure your affairs are handled according to your wishes.

Power of Attorney for Business Owners

If you own a business, an LPA is crucial. Should you become incapacitated, who will manage payroll, contracts, and key financial decisions? Without an LPA, your business operations may be severely disrupted.

Our legal specialists can guide you through the process of appointing a trusted individual to handle your business affairs, ensuring continuity and stability.

What Happens If You Don’t Have a Power of Attorney?

If you lose capacity without an LPA, your family will need to apply to the Court of Protection for a deputyship order. This is a complex, expensive, and time-consuming process, often taking months to resolve.

Additionally, the court may appoint someone you would not have chosen to manage your affairs.

We can assist with Court of Protection applications and provide expert legal guidance to ensure your interests are protected.

Power of Attorney vs. Living Will

A Power of Attorney and a Living Will (also known as an Advance Decision) serve different purposes:

• Power of Attorney – Appoints someone to make financial or healthcare decisions on your behalf.
• Living Will – Specifies your wishes regarding medical treatment if you become unable to communicate them.

Both documents are essential for ensuring your preferences are respected in the event of incapacity.

How We Can Help

At Painters Law LLP, our experienced team provides comprehensive legal support for drafting and registering Power of Attorney documents. We offer:

• Expert advice tailored to your specific needs
• A clear and efficient process for setting up your LPA
• Support with Court of Protection applications if necessary

To discuss your options, contact the team today.